TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement

Adam George Rockwell Marshall and Peter Francis Tierney
trading as Finlay Watchorn

and

Permanent employees of Finlay Watchorn
[TE1397 of 2005]

FINLAY WATCHORN ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 4 May 2005 for a period of five (5) years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Finlay Watchorn Enterprise Agreement 2004. The parties lodged the agreement on 4 April 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 4 May 2005, with the parties' consent, I amended Clauses 4 - Duration, 5 - Definitions, 6 - Wage Rates and 27 - Tea Money of the agreement as lodged.

(2) The employer party to the agreement is Adam George Rockwell Marshall and Peter Francis Tierney trading as the legal firm Finlay Watchorn. The employee parties are the permanent employees of that firm.

(3) The agreement will commence operation from 4 May 2005 and remain in force for a period of five years.

(4) At the hearing, I satisfied myself that:-

(a) at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply approved the agreement in a secret ballot, pursuant to the provisions of s.61D(2) of the Act;

(b) the agreement contains the matters referred to in s.61E of the Act;

(c) the employees are otherwise covered by an award of the Commission, therefore the minimum conditions of employment set out in s.61F of the Act are not relevant;

(d) pursuant to the provisions of s.61I(2) of the Act, the parties to the agreement satisfied me that they are aware of (i) their entitlements and obligations under the agreement and under Part IVA of the Act; (ii) the changes to existing conditions of employment which will result from the agreement taking effect; and (iii) that they were provided with written statements to that effect at least two weeks before the ballot to approve the agreement;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) in terms of s.61J(1)(ca) of the Act, there is no reason to believe that the bargaining process adopted by the parties to the agreement was not appropriate and fair;

(g) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(h) in terms of s.61J(1)(f) of the Act, there is no reason to believe the agreement is not fair in all the circumstances.

(5) In the circumstances I approve the agreement pursuant to s.61J(1) of the Act. I hereby notify the parties and the Minister of that approval and, in doing so, inform the parties of their right to withdraw from the agreement under s.61K of the Act, which provides that:-

"(1) A party to an enterprise agreement, within 14 days after receipt of a notice under section 61J, may give written notice to the other parties of the intention to withdraw from the agreement.

(2) A copy of the withdrawal notice is to be lodged with the Registrar within the period referred to in subsection (1).

(3) If the parties to an enterprise agreement (other than the employer) include individuals or an employee committee, notice of withdrawal from the agreement by those parties may only be given if at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply agree to it."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr A Marshall for Finlay Watchorn
Mr J Griggs and Ms C Rose for themselves and for and on behalf of employees of Finlay Watchorn.

Date and place of hearing:
2005
May 4
Hobart